- (1.) The grievance of the petitioner's in the instant writ petition is that conclusion (inclusion ) of name of respondent No. 5 in the cadre of Assistant Director infringes the legal rights of the petitioners in the matter of their seniority and future chances of promotions as Deputy Directors and Joint Directors. According to the petitioners creation of the post of Assistant Secretary and Personnel Officer by means of resolution of the Board dated September 27, 1985 without the previous sanction of the State Government was bad in law. Order dated June 16, 1990 issued by the Managing Director redesignating the post of the Assistant Secretary and Personnel Officer as Assistant Director was ultra vires of the Warehousing Corporation Act, 1962 (for short the Act) and Rajasthan State Warehousing Corporation (Staff) Regulations, 1974 (for short the Regulations).
(2.) It is contended that in the recruitment schedules attached to the Regulations, there was no such post as Assistant Secretary and Personnel Officer till September 27, 1985 when the aforesaid post was inserted in the Schedule of the post in Administration Division attached to the recruitment schedule as Item No. 2(a). This creation of posts was not sanctioned by the Government of Rajasthan and the Board of Directors only by the resolution dated September 27, 1985 created the said post to be filled 100% by direct recruitment. Post of Assistant Director is 100% by promotion and the said post can never be equivalent or interchangeable with the post of the Assistant Secretary and Personnel Officer. The said post was created by the Board in utter disregard of the powers given to the Corporation under Section 42 of the Act.
(3.) It is further averred in the writ petition that the respondent No. 5 was appointed on the aforesaid newly created post temporarily for one year w.e.f. July 5, 1986. The Managing Director thereafter ordered on June 16, 1990 that as per decision taken in the Board meeting No. 144 dated May 24, 1990, the post of Assistant Secretary and Personnel Officer was redesignated as Assistant Director with immediate effect. On May 7, 1991 final seniority list of Assistant Directors as on January 1, 1991 was issued wherein respondent No. 5 was placed senior to all the petitioners. The petitioners have made prayer to restrain the respondents No. 1 to 4 from giving effect to the said final seniority list and to quash the initial appointment of respondent No. 5 on the post of Assistant Secretary and Personnel Officer.;